How can proved adultery case in India.

Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offense of rape, is guilty of the offense of adultery.

According to Hinduism dictionary,” Adultery is sexual intercourse between a married man and a woman not his wife, or between a married woman and a man not her husband.”

adultery is, as a general rule, proved by presumptive proof based upon;

(a) circumstantial evidence;

(b) evidence of non-access and the birth of children;

(c) contracting venereal diseases;

(d) by evidence of visits to house of ill-repute;

(e) decrees and admissions made in previous proceedings; and

(f) confessions and admissions of the parties which should be generally corroborated though in exceptional circumstances, even if uncorroborated may be acted upon.

Therefore, it is important to understand that mere bald allegations by a spouse that his/her partner was having adulterous relationship with his/her lover after marriage, in absence of any cogent evidence, would not be sufficient to prove.

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